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Carlsbad councilman: Job termination a violation of free speech

CARLSBAD — Embattled Carlsbad councilman J.R. Doporto said he is considering legal action against his former employer, Holly Frontier Corp., after he was fired Wednesday following public outcry over a Facebook post on his personal page.

CARLSBAD — Embattled Carlsbad councilman J.R. Doporto said he is considering legal action against his former employer, Holly Frontier Corp., after he was fired Wednesday following public outcry over a Facebook post on his personal page.

Confirmation of Doporto's termination from the corporation's Navajo Refinery in Artesia came the day after his comments caught the attention of national media. Doporto's post said, among other things, that women had the right to "be slapped."

Doporto, who represents Ward 2, was admonished by some on social media and defended by others.

From his home in Carlsbad Wednesday, Doporto said his termination was a violation of his First Amendment rights and that there was no documentation describing a Holly Frontier policy for behavior on social media.

"In my opinion, I was fired for a freedom of speech issue," Doporto said. "It was wrong that they fired me. They said it was pretty much because of this. I didn't do anything on their time. I was never on the clock."

Doporto worked at Holly Frontier for five years, most recently as a network engineer. He said he was fired "first thing in the morning" Wednesday after he discovered he could not log on to his company computer.

"They said they fired me because they were made aware of violent and degrading comments on my Facebook," Doporto said. "I didn't see anything violent or degrading. It wasn't right for them to terminate me."

His wife, Rebecca Doporto, defended the father of her four children in a recent Facebook post. She said the couple has received death threats online and by phone, and their former home in Carlsbad was recently vandalized and their mail was destroyed.

“With a fb post our lives are forever changed,” Rebecca Doporto wrote. “My husband made a mistake. He admitted that. He is an amazing husband and father. For those of you that wanted him to fail, congratulations. As a father of our four beautiful children, he is now jobless because of one single post. For those who have stood up for him I will forever be grateful. Love The Doportos [sic].”

An online petition asking for Doporto to step down was created by advocacy group Progress Now New Mexico, and by 3 p.m. Wednesday more than 4,000 had signed. According to a statement from the Carlsbad City Attorney's Office, neither the mayor nor city council can remove Doporto from his position under state law. State law also does not allow for a city councilman to be recalled by voters, the statement said.

An elected official of a municipality can be removed from office for "malfeasance in office," but only after a district court hearing, the statement said.

On the day of his firing from his day job, Doporto said he had no intention of resigning from the council. He said he might even run when his term is up in about a year and a half.

Doporto named the city's youth sports complex, water park and an ordinance banning texting while driving as his biggest contributions to the city as a public official. He said most of the calls for his resignation were from people out of town.

"All the people of Carlsbad love what I've done for the community," he said. "There's more good I can do for this community. The community still wants me. There's still a lot of work that needs to be done around town."

First appointed by the mayor to fill a vacancy in 2010, Doporto sought and won re-election twice. A lifelong resident, he said his goal is to uplift the community that raised him.

"I've lived here all my life and I wanted to help," he said. "No one was too interested in politics on the west side. They always had a tough time getting someone from here to run. I love seeing projects started and finished. And I think there is still a lot more to do."

None of his fellow council members have asked Doporto to vacate his seat, he said. Mayor Dale Janway, while supportive of him, did question his comments, Doporto said.

"The mayor has to walk a fine line," he said. "He supports me, but not what I said."

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com and @AdrianHedden on Twitter.